Legal Opinion

The A. R. Dunlap

District Court, D. Massachusetts

Decided July 15, 1869PublishedCited by 1 opinion

In admiralty. Supplies furnished a Nova Scotian vessel in New York. — The vessel was attached in New York in a suit in a common-law court for a debt of two of the owners.

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In admiralty. Supplies furnished a Nova Scotian vessel in New York. — The vessel was attached in New York in a suit in a common-law court for a debt of two of the owners. The master, who was owner of one-third of the vessel, after writing to his owners and finding that they could do nothing to release the vessel, borrowed a sum of money from the libellants to pay this common-law debt, and gave a mortgage upon his share of the vessel to secure this sum, and also to secure them for supplies which they were to furnish the vessel to enable her to go to sea. These supplies were furnished, and…

1Opinion of the Court

LOWELL, District Judge.

This brig was owned in Nova Scotia, and the libellants, who reside in New York, present a bill for the disbursements, as they are called, of the brig, furnished by them at New York upon the request of the master, and for a certain other sum of money lent to him, as is presently more fully set forth.

The first part of the case has brought into discussion, as usual, the decision of Pratt v. Reed, 19 How. [60 U. S.] 359. That case has been understood to decide that a material-man, in order to maintain his lien, must bring himself within the rule applied to a lender on…

2Cited by1 opinion

  1. The CimbriaDistrict Court, D. New Jersey · 1914

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